Saturday, November 14, 2015

LAD #18: Dred Scott Decision


At the first Court reargument meeting for Scott v Sanford, a moderate decision was made in favor of Sanford, but they did not consider or discuss the larger issues of African American citizenship and the constitutionality of the Missouri Compromise. The Court ended up placing Roger Taney in charge of writing, representing a true majority opinion for the Court and considering all of the larger issues in this case. Taney first addressed African American citizenship, including that of slaves and free blacks, stating that blacks, even free men, were not citizens of the United States. Not being citizens, they ware unable to sue in a federal court, making the court case unconstitutional. He then turned to the Missouri Compromise, stating that the federal government could not deny liberty and property in the Louisiana Purchase territories. This  make the Missouri Compromise unconstitutional as well. Finally, Taney decided that Dred Scott was not a free man, ruling that the freedom of a slave is commanded by the state he brought suit in, which was the slave state Missouri. In the end, the court upheld the Missouri Supreme Court's ruling in favor of Sanford.


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